Google Books lawsuits

The NWU has consistently opposed the scanning and distribution of digital copies of books, magazines, and other library holdings without writers’ permissions, which deprives writers of income from our personal “backlists”.

Digital copies of books and articles that are “out-of-print” in the original editions or formats divert readership from the legitimate digital editions of these works (in the form of e-books, Web content, etc.) self-published or licensed by  writers.

Libraries are scanning “out of print” books and other materials to create their own unauthorized and copyright infringing digital editions, ignoring the legitimate new digital editions that many writers have created or licensed, and from which writers are earning money.

Instead of engaging in mass digital bootlegging of “out of print” books, libraries should allow writers to add pointers to library catalog entries for “out of print” editions, so that library patrons can find the legitimate new editions of these works.

Below are archived materials from the NWU’s involvement in litigation and political advocacy against unauthorized book scanning by Google and its library “partners”:

• Amicus Brief of the NWU and other writers organizations in the 2nd Circuit Court of Appeals in opposition to the District Court decision (April 14, 2014);
  additional amicus briefs were filed by:
  • Individual authors including NWU member Ursula Le Guin
  • The International Authors Forum (of which the NWU is a member)
  • The Copyright Alliance (of which the NWU is a member)
  • The American Society of Journalists and Authors

• NWU Disappointed in District Court’s Google Books Decision (November 16, 2013)

• NWU Files Amicus Brief Against Google Scanning Project (February 15, 2013)
• Brief submitted the NWU and other organizations of writers (February 15, 2013)
• Other filings in the current class certification appeal including amicus briefs from the American Society of Journalists and Authors and from the American Society of Media Photographers et al.

• NWU Calls for Renewed Action to Protect Writers’ Rights Following Rejection of Google Books Settlement (March 23, 2011)
• Decision of the Federal District Court rejecting proiposed settlement as unfair and inadequate (March 22, 2011)

• NWU and other writers’ organizations respond to book publishers’ settlement with Google over book scanning:
  • Writers Slam Secrecy of Book Publishers’ Deal with Google; Call on Department of Justice to Investigate Antitrust Implications(October 9, 2012)
  • Letter from the NWU, ASJA, and SFWA to the U.S. Department of Justice (October 9, 2012)

• Google Books settlement fairness hearing, U.S. District Court for the Southern District of New York (New York City, February 18, 2010)
  • NWU Asks Federal Court To Scrap Proposed Google Book Deal
  • Transcript of argument by Prof. Ron Lazebnik, Fordham Univ. Law School, on behalf of the NWU, ASJA, and SFWA (PDF, 42 KB)
  • Complete transcript of fairness hearing (PDF, 398 KB)
  • Summary and analysis of arguments at the hearing by Prof. James Grimmelmann, N.Y. Law School: Part One Part Two
  • Analysis of claims and opt-outs by EFF: Part One Part Two
  • Report on some of the opt-out names, emphasizing those in the UK, from the Guardian
  • What can I do? (a note to fellow writers from Ursula K. Le Guin)

• Writers’ arguments against the amended Google Books settlement proposal (filed with the U.S. District Court, January 28, 2010)
  • NWU calls for rejection of the revised Google Books settlement proposal (February 4, 2010)
  • Brief of the NWU, ASJA, and SFWA (brief only, PDF, 235 KB)
  • Writers’ brief with supporting exhibits (including petition by Ursula K. Le Guin and 367 other authors; PDF, 3.4 MB)

• The Google Book Settlement: What’s in it for writers? (Free public informational events in New York City on Wednesday, Jan. 20, and in Berkeley, CA, on Friday, Jan. 22, 2010)
  • Podcast audio of New York event (mp3, 124MB)
  • Podcast audio of Berkeley event (mp3, 58MB)
  • Video of New York event and streaming audio of both events
  • Alternate video stream of New York event
  • Why the NWU thinks the proposed Google Books settlement is unfair
  • Last Chance to Opt Out of Google Book Settlement (Pamela Samuelson)

• NWU FAQ for writers about the revised Google Book Search settlement proposal
• How to demand that Google stop displaying your work (Digital Millennium Copyright Act infringement notice)

• Letter to Congressional authors from the NWU, ASJA, and SFWA (Jan. 6, 2010)
• Revised Google Deal Still Disses Writers, NWU Says (Nov. 14, 2009)
• NWU Calls on the Authors Guild to Withdraw from the Google Copyright Infringement Settlement (Sept. 25, 2009)
• NWU Files Brief Opposing Google Books Settlement (Sept. 8, 2009)
• NWU brief opposing the original Google Books settlement proposal (Sept. 8, 2009)
• NWU Joins Open Book Alliance (Sept. 4, 2009)
• Open Book Alliance brief opposing original Google Books settlement proposal (Sept. 8, 2009)
• Former Vice President Al Gore Urged by NWU to Help Delay the Proposed Google Book Settlement (Sept. 1, 2009)
• NWU Letter to Al Gore Re: Proposed Google Book Settlement (Sept. 1, 2009)
• NWU Opposes Settlement of Class-Action Lawsuit Against Google for Copyright Infringement (Aug. 13, 2009)

• Petition Concerning the Google Book Settlement initiated by NWU member Ursula K. Le Guin
• NWU member Ursula K. Le Guin’s appeal to writers to join the NWU

• Canadian Authors’ Petition in Protest of the Google Book Settlement
• Academic Author Objections to the original Google Book Settlement proposal
• Academic Author Objections to the revised Google Book Settlement proposal
• Authors and publishers privacy objections to the Google Book Search Settlement
• Google Books and Writers Rights (by NWU member Edward Hasbrouck)
• Other Objections to the original Google Book Settlement proposal
• Other Objections to the revised Google Book Settlement proposal